JOFOC MDC BROOKLYN - EASTSIDE BOILER CONTROL UPGRADE.pdf

U.S. Department of Justice Federal Bureau of Prisons Metropolitan Detention Center- Brooklyn

80 29th Street Brooklyn, New York 11232

Justification for Other than Full and Open Competition (JOFOC)

MDC BROOKLYN

Pursuant to FAR Subpart Deviation 6.103, the Federal Bureau of Prisons (FBOP) has determined that the procurement titled East Building Boiler Control Upgrade at the Metropolitain of Dentention Center (MDC) Brooklyn, meets the criteria for other than full and open competition.

It is further concluded that that this requirement meets the conditions of FAR Deviation 6.103-1 ( d), as only one responsible source has been identified as reasonably available to provide the unique brand-name supplies and engineering services that will satisfy the Agency's specialized requirements. This limitation on competition is justified as supported by the following information.

1. FAR Deviation 6.104-l(a)(l): Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition.":

Federal Bureau of Prisons

Metropolitain of Dentention Center - Brooklyn (MDC Brooklyn)

80 29th Street

Brooklyn, NY 11232

2. FAR Deviation 6.104-l(a)(2): Nature and/or description of the action being approved:

Approval is requested for a sole-source, firm-fixed-price purchase order to Miller Proctor Nickolas, Inc. under FAR Deviation 6.103-1 ( d). This action authorizes the vendor to remove two existing boiler control systems and install two new, proprietary Cleaver-Brooks HA WK ICS Control 4000 units on the facility's existing Model CB-700-250 boilers. All work will take place in the East Powerhouse at MDC Brooklyn. This upgrade ensures fuel efficiency, automated safety sequencing, and manufacturer warranty compliance through the region's exclusive authorized distributor.

3. FAR Deviation 6.104-l(a)(3): Description of the supplies or services required to meet the agency's needs (including the estimated value):

To mee� the agency's needs, the Federal Bureau of Prisons requires the removal of two obsolete boiler control panels and the installation of two new Cleaver-Brooks HA WK ICS Control 4000 units. This requirement includes the procurement of the replacement hardware, physical installation, and factory programming for the existing Model CB-700-250 boilers located within the East Powerhouse at MDC Brooklyn. The estimated cost for this project is between $250,000 an� $500,000.

During the automated Market Research As a Service (MRAS) survey, the following four sources expressed an initial interest. Some vendors provided specific feedback comments, while others only answered the survey baseline:

• Crystal Clear Maintenance, Inc.

• Fedcap Rehabilitation Services

• Insparisk LLC

• Radice Enterprises LLCT

The agency evaluated these survey responses against the facility's strict technical constraints. An official authorization letter from the manufacturer, Cleaver-Brooks, confirms that Miller Proctor Nickolas, Inc. is the exclusive authorized regional vendor for MDC Brooklyn. Because Cleaver-Brooks strictly restricts all proprietary programming codes and OEM parts to this single source, these alternative vendors are technically and legally unable to perform the upgrades regardless of their general mechanical expertise. No further outreach was conducted, as utilization of any source other than the exclusive authorized vendor would immediately void the active equipment warranty and compromise institutional safety controls.

11. FAR Deviation 6.104-l(a)(ll): A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

MDC Brooklyn will continue to monitor the commercial market to identify any changes in the manufacturer's distribution policies or authorized dealer network. Prior to any subsequent acquisitions for boiler upgrades or specialized maintenance at MDC

Brooklyn, the Contracting Officer will conduct thorough market research to determine if alternative regional vendors have obtained official Cleaver-Brooks certification, or if changes in technology permit the introduction of open-architecture systems that bypass proprietary restrictions.

12. FAR Deviation 6.104-l(a)(ll): Contracting officer certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief:

I hereby certify that this request for approval of a Justification for Other Than Full and

Open Competition is made in good faith. The supporting data and information contained herein are accurate and complete to the best of my knowledge and belief. I further certify that this request is not the result of a lack of advance procurement planning.